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SC refuses to hear Kuldeep Sengar's bail plea in Unnao rape case
"If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?" Justice Bagchi asked.
The Supreme Court on Monday sent Unnao rape convict Kuldeep Singh Sengar's appeal challenging his conviction and 10-year prison sentence in a case related to the custodial death of the rape victim's father back to the Delhi High Court, requesting it to accord a "out-of-turn" hearing.
A top court bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and NV Anjaria asked the Delhi HC to decide the case as early as possible, but not later than three months.
The top court was hearing the plea filed by Sengar challenging the HC's order dated January 19, refusing to suspend his sentence in the death case.
Senior advocate Siddharth Dave, appearing for Sengar, submitted before the court that he has already served seven years and seven months of actual sentence out of the ten-year sentence.
However, Solicitor General of India Tushar Mehta, for the Central Bureau of Investigation, informed the court that the main appeal against the conviction is listed for hearing on February 11. Mehta suggested that Sengar's plea can be directed to be heard expeditiously on an "out-of-turn" basis.
Meanwhile, advocate Mahmood Pracha, appearing for the rape victim, told the apex court that they have filed an appeal to convert the conviction from Section 304 of the Indian Penal Code (IPC) to Section 302, thereby enhancing the prison sentence to life imprisonment, Livelaw reported.
Sengar's advocate argued that suspension of the sentence during the pendency of the appeal is normal. However, the SC pointed out that Sengar is also serving a life sentence in the other case related to the Unnao rape case.
"If you are serving life sentence in another offence, is that not a relevant consideration for suspension of sentence?" Justice Bagchi asked.
In its order, the top court said: "Keeping in view the circumstances, especially the period undergone by appellant, we deem it a fit case for requesting HC to accord out of turn hearing and decide the case as early as possible but not later than 3 months. As regards a criminal appeal filed by the complainant-party, if any, we grant liberty to the appellant in that case to approach the HC for taking up their appeal too for hearing."
"HC is requested to first take up that matter in 1 week, and subject to objections re: maintainability etc., it will be interest of justice that both appeals are heard and decided together. If such recourse requires a change in the composition of the bench for deciding 539/2020, Hon'ble CJ of HC will do the needful. If there are other connected appeals, those could also be taken up and decided," the Supreme Court was cited by LiveLaw.
